Michael McCarthy

Michael McCarthy

Michael McCarthy has been a member of Nemecek & Cole since January 2004. Mike was formerly a partner at Manning & Marder, Kass, Ellrod, Ramirez LLP, where he chaired the firm's Professional Errors & Omissions Department. Prior to Manning Marder, Mike spent 18 years with Haight, Brown & Bonesteel where he served as managing partner in 1994 and 1995.

Michael McCarthy is a Certified Specialist, Legal Malpractice Law, The State Bar of California Board of Legal Specialization.

Lectures frequently to attorneys and law firms on risk retention issues and the establishment of procedures to reduce Professional Liability Claims.

ADMISSIONSCalifornia State Bar, United States District Courts for the Northern, Southern, Central and Eastern Districts of California.

AWARDSNamed by his peers as one of Southern California's "Super Lawyers" from 2007 - 2015; Martindale-Hubbell AV rating.

PERSONAL BACKGROUNDFather of five daughters, one son and proud grandfather of two granddaughters.

Notable Cases / Published Decisions

Successfully defended law firm in three week arbitration where former client was seeking $4 million dollars arising from lost licensing revenues in underlying transaction and obtained an award of all unpaid fees on related counter-claim.

Successfully defended attorney and law firm at trial in claim where plaintiff was seeking in excess of $3 million dollars alleging that advice to settle underlying case for a fraction of that amount fell below standard of care.

Successfully defended patent attorney at trial where plaintiff was seeking $5 million dollars in damages for loss of licensing rights alleging a conflict of interest in the attorney's representation of inventor and patent licensee.

Successfully defended bookkeeper who was alleged to have covered up accountant's alleged misappropriation of funds of a celebrity client over a seven (7) year period of time.

Successfully represented law firm in a suit for fees against a celebrity client and successfully defended celebrity's malpractice counterclaim. Was awarded attorney fees pursuant to attorney's retainer agreement.

Successfully defended family law attorney in malpractice action where former client was seeking in excess of $3 million dollars in damages arising from an alleged unequal division of community property.

Successfully defended a corporation and two (2) majority shareholders at arbitration initiated by former minority shareholder who claimed he was wrongfully terminated.

Successfully defended accountant at trial and on appeal by individual asserting a conflict of interest and misrepresentation relating to accountant's role in the sale of business on behalf of client.